Wahid & Anor v Skanska UK Plc & Anor
2014
QUEEN’S BENCH DIVISION
UK
CORAM
- THE HONOURABLE MRS JUSTICE SLADE DBE
Areas of Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
UK
CORAM
AI Generated Summary
Mr Wahid and Mr Shadkam appealed against the automatic strike out of their personal injury claims for failing to comply with a court order requiring medical records. The lower court's refusal to grant relief from sanctions was upheld, with the court emphasizing prompt and specific compliance with procedural orders.
Judgment
MRS JUSTICE SLADE:
The Claimants, who will be referred to as Mr Wahid and Mr Shadkam, appeal from the judgment of His Honour Judge Gerald of 17 th May 2013 dismissing their applications to set aside an Order of District Judge Lightman, made on 9 th and sealed on 21 st April 2013 confirming that the claims of Mr Wahid and Mr Shadkam stood struck out. Alternatively they applied for relief from sanctions. The Claimants’ claims for personal injury alleged to have been suffered in a road traffic collision on 9 th May 2010 had been automatically struck out on 3 rd January 2013 for non-compliance with an Unless Order made on 11 th December 2012 by DJ Lightman.
It became apparent during the course of the hearing before me that there was no basis for challenging the judgment of HHJ Gerald on behalf of Mr Shadkam. Mr Coulter, counsel for Mr Wahid and Mr Shadkam, realistically withdrew his appeal. Accordingly references in this judgment to Orders in these proceedings and steps taken in relation to them will be to those affecting and taken by Mr Wahid only.
In the personal injury proceedings Mr Wahid and Mr Shadkam say that on 9 th May 2010 they were passengers in a car driven by Mr Abdulgany, originally a Claimant and now Part 20 Defendant, which was involved in a collision. It is alleged that a van belonging to Skanska UK plc (‘Skanska’) and driven by its employee collided with the car in which the Claimants were travelling. By their Defence, Skanska allege that Mr Abdulgany’s actions warranted explanation. One explanation suggested was that the collision may not have been a genuine accident but designed to facilitate claims by the Claimants. Riverstone, formerly Brit Insurance Limited, Mr Abdulgany’s insurers, were joined to the proceedings to protect their position in the claims brought by his passengers and in a counter-claim by Skanska. It was noted in the Order of HHJ Gerald that by 17 th May 2013 Mr Abdulgany was “shortly to file notice of discontinuance of his claim.”
Before the matter came before HHJ Gerald, the following Orders had been made in the proceedings. On 3 rd August 2012 Deputy District Judge Atkin consolidated under claim number 0UH02606 the proceedings brought by Mr Abdulgany and those brought by Mr Wahid and Mr Shadkam. In the consolidated proceedings Mr Abdulgany was the First Claimant, Mr Wahid the Second and Mr Shadkam the Third. Mr Wahid and Mr Shadkam were represented by Ersan and Co., solicitors, Mr Abdulgany by Fern and Co.